- 1 - HC-KAR CNR: KAHC010533112022 NC: 2026:KHC:45707 MFA No. 7832 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7832 OF 2022(MV-D) BETWEEN: 1. MR VENKATESHA M S/O MUDDAHANUMAIAH AGED ABOUT 41 YEARS 2. MASTER GANESH .V S/O VENKATESH .M AGED ABOUT 15 YEARS 3. MASTER HARSHAVARDHANA. V S/O VENKATESH.M AGED ABOUT 8 YEARS APPELLANT NOS.2 AND 3 ARE BEING MINORS REP. BY HIS FATHER AND NATURAL GUADIAN SRI. VENKATESH.M ALL ARE R/AT NO. 122 KUMBARAHALLI, NAR ANGANAWADI VTC CHIKKABANAVARA POST CHIKKABANAVARA BENGALURU 560 090 …APPELLANTS (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010533112022 NC: 2026:KHC:45707 MFA No. 7832 of 2022 AND: 1. THE MANAGING DIRECTOR B.M.T.C, CENTRAL OFFICES K.H ROAD, SHANTHINAGAR BENGALURU-560 027 …RESPONDENT (BY SRI. F.S DABALI, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.07.2022 PASSED IN MVC NO.3907/2021 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU SCCH-7, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The appeal is filed seeking for enhancement of compensation awarded in M.V.C.No.3907/2021 vide judgment and award dated 13.07.2022 for the accidental death of one Anupama. 2. It is not in dispute that, as a result of the motor vehicle accident which occurred on 17.08.2021, Anupama, a 38 years old died. - 3 - HC-KAR CNR: KAHC010533112022 NC: 2026:KHC:45707 MFA No. 7832 of 2022 3. It is also not in dispute that the offending bus was belonging to respondent-BMTC. 4. The Tribunal, on assessment of the evidence adduced before it, has come to the conclusion that the driver of the offending vehicle was responsible for the accident which has resulted in the death of Anupama. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Towards loss of dependency 23,51,880 2. Towards consortium 1,20,000 3. Towards loss of estate 15,000 4. Towards funeral expenses 15,000 Total 25,01,880 5. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.14,000/-. As there is no credible evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State - 4 - HC-KAR CNR: KAHC010533112022 NC: 2026:KHC:45707 MFA No. 7832 of 2022 Legal Services Authority, which, for the accident of the year 2021, would be Rs.15,000/-. 6. Since the deceased was aged 38 years and was self employed, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.21,000/- (Rs.15,000/- + 40%). 7. The Tribunal has rightly deducted 1/3rd of the income of the deceased towards her personal and living expenses. Accordingly, the income of the deceased would be Rs.14,000/- (21,000/- - 1/3rd). 8. As the deceased was aged 38 years, a multiplier of '15' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.25,20,000/- (14,000 x 12 x 15) towards “loss of dependency”. 10. The claimants, being the husband and children of the deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,45,200/- (48,400 - 5 - HC-KAR CNR: KAHC010533112022 NC: 2026:KHC:45707 MFA No. 7832 of 2022 x 3) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 11. The Tribunal also erred in not considering the medical bills produced by the claimant at Exs.P7 and P9, totaling to Rs.5,50,000/-. Though the same has been reimbursed by the Group Health Insurance Policy. In view of the judgment of the Hon'ble Apex Court in the case of the NEW INDIA ASSURANCE COMPANY LTD. Vs. DOLLY SATHISH GANDHI AND ANOTHER - 2026 SCC OnLine SC 861, the same cannot be deducted while determining compensation under the Motor Vehicles Act. Therefore, the claimant is entitled to the medical expenses of Rs.5,50,000/-. 12. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: Sl. No. Particulars Amount (In Rs.) 1. Loss of Dependency 25,20,000 2. Loss of Consortium 1,45,200 3. Conventional Heads 36,300 - 6 - HC-KAR CNR: KAHC010533112022 NC: 2026:KHC:45707 MFA No. 7832 of 2022 5. Medical expenses 5,50,000 Total 32,51,500 13. Accordingly, the claimants would be entitled for compensation of Rs.32,51,500/- as against Rs.25,01,880/- along with interest at the rate of 6% per annum from the date of petition till its realization. 14. The BMTC is directed to deposit the compensation amount, together with accrued interest, within a period of six weeks from the date of receipt of a certified copy of this judgment. 15. The apportionment of compensation amount shall be in terms of the award of the Tribunal. 16. The appeal is accordingly allowed in part. Sd/- (RAJESH RAI K) JUDGE CR/List No.: 1 Sl No.: 13